CHAPTER 5:
USING THE LAW: ANALYSIS AND LEGAL WRITING
TRANSPARENCY MASTERS
Legal Analysis
The Case Brief (components)
Components of a Case Brief
The Writing Process
The Legal Memorandum
PURPOSE AND SUBSTANTIVE CONTENT
This chapter introduces the student to legal analysis and various types of legal writing with an
emphasis on the case brief.
CHAPTER OUTLINE
Technology Corner
Case File
5-1
Introduction
5-2
Approaching a Legal Research and Writing Project
Overview
Preparing a First Draft
Editing and Revision Process
Keeping Legal Writing Simple
5-3
The Case Brief
The Components of a Case Brief
How to Write a Case Brief
5-4
The Legal Memorandum
Writing the Memorandum of Law
Citing Authorities
5-5
Persuasive Writing
Featured Website
Chapter Summary
Terms to Remember
Questions for Review
Questions for Analysis
Assignments and Projects
SKILL BUILDING
The examples, assignments, case questions, and projects provide the opportunity for
students to build the following skills:
Critical Analysis
Statutory Analysis
Writing
CASE SUMMARIES, CASE QUESTIONS, AND SUGGESTED ANSWERS
Gideon v. Wainwright, 372 U.S. 335 (1963) (Pg. 95)
This 1963 case is a benchmark in criminal justice. Mr. Gideon successfully
challenged the State of Florida in a battle over whether or not he was entitled to a court
appointed attorney. The issue here is whether the trial and conviction of Mr. Gideon violated
his rights under the Fourteenth Amendment. Mr. Gideon requested a court appointed
attorney. The Court denied his request. He defended himself on charges of breaking and
entering a poolroom. A jury found him guilty. Mr. Gideon appealed based on the Court’s
denial of his request for court appointed counsel. The Florida State Supreme Court upheld the
lower court’s decision. The United States Supreme Court reversed the Florida Supreme Court
and in the process overruled Betts v. Brady. The Court followed Powell v. Alabama and held
that the right to counsel is fundamental and essential to a fair trial.
1. Why didn’t the original trial court appoint a lawyer for Mr. Gideon?
Suggested Answer:
When Mr. Gideon requested an attorney the Court apologized and said it could not
appoint counsel for him. The Court explained that under the law of the State of
Florida, “the only time the Court can appoint Counsel to represent a Defendant is
when that person is charged with a capital offense.” Mr. Gideon was not charged with
a capital offense.
2. Why was the Betts case overruled?
Suggested Answer:
Relying on the Sixth Amendment, the Court overruled Betts v. Brady. The Court
found that “counsel must be provided for defendants unable to employ counsel unless
the right is competently and intelligently waived.” The fundamental safeguards of
liberty are protected by the due process clause of the Fourteenth Amendment. The
Betts Court had not seen the wisdom of including the right to appointed counsel as one
of the fundamental safeguards of liberty under the Fourteenth Amendment.
QUESTIONS FOR ANALYSIS
1. What was the Court’s holding in Powell v. Alabama? (See the Gideon v. Wainwright case
in this chapter.)
Suggested Answer:
The Court held that indigent defendants in a state capital case were entitled to court
appointed counsel
2. Re-read the paragraphs taken from the Argument made by the United States in support of
the Petitioner in Minnesota v. Dickerson. What tools did the author of these paragraphs
use to make this Argument persuasive?
Suggested Answer:
Answers will vary, but should include a discussion of the choice of descriptive words
used (i.e. “lawful” and “far cry from”) and the fact that the petitioner’s point of view is
presented as logical and justified.
Chapter 5: Using the Law
True/False
1. The process of comparing or aligning the facts of a client’s case with the elements of a
statute is one element of legal analysis
2. Legal analysis is limited to analyzing case law.
3. Legal writing does not require a thesis paragraph.
4. Before editing a document, you should let it sit for a day or two.
5. Legal documents should be written with complex sentence structure to reflect the
complexity of the law.
6. The issue in a case is also known as the question presented.
7. If a case brief does not follow proper format a court will not allow it to be filed in court.
8. A case brief compares a client’s facts with facts of a reported case.
9. A legal memorandum compares a client’s facts with facts of a reported case.
10. A case brief is an example of persuasive writing.
Multiple Choice
1. Which of the following is not an element of a case brief?
a.
b.
c.
d.
e.
facts
analysis
issues
judicial history
precedent
2. Which element of a case brief is the most important?
a.
b.
c.
d.
e.
rules
analysis
facts
issues
conclusions
3. The case brief is often the first step in preparing a formal written analysis, often called:
a.
b.
c.
d.
e.
a legal memorandum
precedent
stare decisis
case report
none of the above.
4. In preparing a first draft of a legal document, you should:
a.
b.
c.
d.
e.
reread the directions
begin in a logical fashion
complete one section before moving on to another section
periodically go back and reread directions
all of the above
5. The Thesis Paragraph should not:
a. set forth the client’s problem
b. state the legal issue
c. explain in detail the legal rules governing the issues
d. state the legal conclusions
e. none of the above
6. A topic sentence
a.
b.
c.
d.
e.
is another term for thesis paragraph
can be used in lieu of a thesis paragraph
introduces issues or subissues and connects them back to the thesis paragraph
all of the above
none of the above
7. “The actions were quickly regretted by her” is an example of:
a.
b.
c.
d.
e.
active voice
passive voice
use of unnecessary words
ambiguous terms
none of the above
8. Which of the following is not included in a legal memorandum?
a.
b.
c.
d.
e.
statement of facts
issue statement
discussion/analysis
judicial history
conclusion
9. When citing authorities you should use:
a.
b.
c.
d.
e.
a legal treatise
a legal encyclopedia
A Uniform System of Citation
a state style manual
either c or d
10. Id. and supra are examples of:
a.
b.
c.
d.
e.
shorthand ways of citing authorities
abbreviations for certain courts
Latin terms that describe legal principles
terms that should never be used in a formal legal memorandum
Latin terms that have nothing to do with the law
Answer Key
1. True
7. False
2. False
8. False
3. False
9. True
4. True
10. False
5. False
6. True
1.e
7.b
2.b
8.d
3.a
9.e
4.e
10.a
5.c
6.c